Ten Thousand a-Year. Volume 1. Samuel Warren
him of the prodigious extent of their exertions and sacrifices on his behalf—they might do something; mould him into a shape fit for their purposes, and persuade him that his affairs must needs go to ruin but in their hands. Something like this was the scheme of the cautious, acute, and placid Gammon. Mr. Quirk, however, (with whom, as will be hereafter shown, had originated the whole discovery,) thought thus:—tell the fellow at once the whole extent of what we can do for him, viz. turn a half-starving linen-draper's shopman into the owner of £10,000 a-year, and of a great store of ready money. This will, in a manner, stun him into submission, and make him at once and for all what we want him to be. He will immediately fall prostrate with reverent gratitude—looking at us, moreover, as three gods, who, at our will, can shut him out of heaven. "That's the way to bring down your bird," said Mr. Quirk; and Mr. Quirk had been forty years in practice—had made the business what it was—still held half of it in his own hands, (two-thirds of the remaining half being Gammon's, and the residue Snap's:) and Gammon, moreover, had a very distinct perception that the funds for carrying on the war would come out of the tolerably well-stored pockets of the august head of the firm. So, after a long discussion, he openly yielded his opinion to that of Mr. Quirk—cherishing, however, a very warm respect for it in his own bosom. As for Snap, that distinguished member of the firm was very little consulted in the matter; which had not yet been brought to that stage where his powerful energies could come into play. He had of course, however, heard a good deal of what was going on; and knew that ere long there would be the copying out and serving of the Lord knows how many copies of declarations in ejectment, motions against the casual ejector, and so forth—so far at least as he was "up to" all those quaint and anomalous proceedings. It had, therefore, been at length agreed that the communication to Titmouse, on his first interview, of the full extent of his splendid expectations, should depend upon the discretion of Mr. Quirk. The reader has seen the unexpected turn which matters took upon that important occasion; and if it proved Quirk's policy to be somewhat inferior in point of discretion and long-sightedness to that of Gammon, still it must be owned that the latter had cause to admire the rapid generalship with which Mr. Quirk had obviated the consequences of his false move—not ill seconded by Snap. What could have been more judicious than his reception of Titmouse, on the occasion of his being led in again by the subtle Gammon?
The next and greatest matter was, how to obtain any hold upon such a person as Titmouse had shown himself, so as to secure to themselves, in the event of success, the remuneration to which they considered themselves entitled. Was it so perfectly clear that, if he felt disposed to resist it, they could compel him to pay the mere amount of their bill of costs?
Suppose he should turn round upon them, and have their Bill taxed—Mr. Quirk grunted with fright at the bare thought. Then there was a slapping quiddam honorarium extra—undoubtedly for that they must, they feared, trust to the honor and gratitude of Mr. Titmouse; and a pretty taste of the quality of that animal they had already experienced! Such a disposition as his, to have to rely upon for the prompt settlement of a bill of thousands of pounds of costs! and, besides that, to have it to look to for the payment of at least some five or perhaps ten thousand pounds douceur—nay, and this was not all. Mr. Quirk had, as well as Mr. Gammon, cast many an anxious eye on the following passages from Blackstone's Commentaries:—
"Maintenance is an officious intermeddling in a suit that no way belongs to one, by 'maintaining' or assisting either party with money, or otherwise, to prosecute or defend it.... It is an offence against public justice, as it keeps alive strife and contention, and perverts the remedial process of the law into an engine of oppression.... The punishment by common law is fine and imprisonment, and by statute 32 Hen. VIII. c. 9, a forfeiture of £10!
"Champerty—(campi partitio)—is a species of Maintenance, and punished in the same manner; being a bargain with a plaintiff or defendant 'campum partiri,' to divide the land, or other matter sued for, between them, if they prevail at law; whereupon the champertor is to carry on the suit at his own expense.... These pests of civil society, that are perpetually endeavoring to disturb the repose of their neighbors, and officiously interfering in other men's quarrels, even at the hazard of their own fortunes, were severely animadverted on by the Roman law; and they were punished by the forfeiture of a third part of their goods, and perpetual infamy."[4]
These were pleasant passages surely!–
Many were the conversations and consultations which the partners had had with Messrs. Mortmain and Frankpledge respectively, upon the interesting question, whether there were any mode of at once securing themselves against the ingratitude of Titmouse, and protecting themselves against the penalties of the law. It made old Mr. Quirk's bald head, even, flush all over whenever he thought of their bill being taxed, or contemplated himself the inmate of a prison, (above all, at his advanced time of life,) with mournful leisure to meditate upon the misdeeds that had sent him thither, to which profitable exercise the legislature would have specially stimulated him by a certain fine above mentioned. As for Gammon, he knew there must be a way of doing the thing somehow or another; for his friend Frankpledge felt infinitely less difficulty in the way than Mortmain, whom he considered a timid and old-fashioned practitioner. The courts, said Mr. Frankpledge, were now setting their faces strongly against the doctrine of Maintenance, as being founded on a bygone state of things: cessante ratione cessat et ipsa lex, was his favorite maxim. There was no wrong without a remedy, he said; and was there not a wrong in the case of a poor man wrongfully deprived of his own? And how could this be remedied, if the old law of Maintenance stood like a bugbear in the way of humane and spirited practitioners? Was no one to be at liberty to take up the cause of the oppressed, encouraged by the prospect of an ample recompense? It might be said, perhaps—let the claimant sue in formâ pauperis: but then he must swear that he is not worth five pounds; and a man may not be able to take that oath, and yet be unequal to the commencement of a suit requiring the outlay of thousands. Moreover, a pretty prospect it was for such a suitor, (in formâ pauperis,) if he should happen to be nonsuited—to be "put to his election, whether to be whipped or pay the costs."[5] Thus reasoned within himself that astute person, Mr. Frankpledge; and at length satisfied himself that he had framed an instrument which would "meet the case"—that "would hold water." To the best of my recollection, it was a bond, conditioned to pay the sum of ten thousand pounds to Messrs. Quirk, Gammon, and Snap, within two months of Titmouse's being put into possession of the rents and profits of the estate in question. The condition of that bond was, as its framer believed, drawn in a masterly manner; and his draft was lying before Messrs. Quirk, Gammon, and Snap, on the Wednesday morning, (i. e. the day after Titmouse's interview with them,) and had succeeded at length in exciting the approbation of Mr. Quirk himself; when—whew!—down came a note from Mr. Frankpledge, to the effect that, "since preparing the draft bond," he had "had reason slightly to modify his original opinion," owing to his "having lit upon a late case," in which an instrument precisely similar to the one which he had prepared for his admiring clients, had been held "totally ineffectual and void both at law and in equity." I say, Mr. Frankpledge's note was to that effect; for so ingeniously had he framed it—so effectually concealed his retreat beneath a little cloud of contradictory authorities, like as the ink-fish, they say, eludeth its pursuers—that his clients cursed the law, not their draftsman; and, moreover, by prudently withholding the name of the "late case," he, at all events for a while, had prevented their observing that it was senior to some eight or ten cases which (indefatigable man!) he had culled for them out of the legal garden, and arrayed on the back of his draft. Slightly disconcerted were Messrs. Quirk and Gammon, it may be believed, at this new view of the "result of the authorities." "Mortmain is always right!" said Quirk, looking hard at Gammon; who observed simply that one day Frankpledge would be as old as Mortmain then was—by which time (thought he) I also know where—please God—you will be, my old friend, if there's any truth in the Scriptures! In this pleasant frame of mind were the partners, when the impudent apparition of Huckaback presented itself, in the manner which has been described. Huckaback's commentary upon the disgusting text of Titmouse over-night, (as a lawyer would say, in analogy to a well-known term, "Coke upon Littleton,") produced an effect upon their minds which may be easily imagined. It was while their minds were under